Common use of Patents on AMC Inventions Clause in Contracts

Patents on AMC Inventions. 8.4.1 AMC shall have the right to file patent applications covering any AMC Invention. AMC shall give Pfizer written notice of its intent to file such patent applications at least forty-five (45) days in advance of the intended filing date, and Pfizer shall have the right to review all patent applications on AMC Inventions and provide AMC with substantive comments. AMC shall also consult with Pfizer regarding the countries in which such patent applications should be filed, and AMC will file applications in those countries where Pfizer requests that AMC should file. AMC, at its option and at its expense, may file in countries where Pfizer does not request that AMC should file such applications. AMC shall provide to Pfizer a yearly update on the status of all such Patents and Patent applications. AMC will provide to Pfizer forty-five (45) days’ advance written notice of AMC’s intention to abandon any Patent on a AMC Invention, and Pfizer will have the right to continue prosecution of such Patent or patent application at Pfizer’s sole expense. 8.4.2 Pfizer shall reimburse AMC for all costs of filing, prosecuting, responding to opposition (including interference proceedings), and maintaining Patents on AMC Inventions in countries where Pfizer requests or agrees that Patents should be filed, prosecuted and maintained. In the event Pfizer requests that AMC employ Pfizer's preferred ex-US patent agents in such countries, AMC shall do so where reasonably possible, and agrees that Pfizer may be directly invoiced by such agents. Pfizer may, upon sixty (60) days written notice, request that AMC discontinue filing, prosecuting, responding to opposition, or maintaining Patents in any such country and, upon expiration of such sixty (60) day period, discontinue reimbursing AMC for the costs of filing, prosecuting, responding to opposition or maintaining such Patent in any country. Subject to the foregoing, AMC will be free to continue, at its own expense at the end of such sixty (60) day period, to file, prosecute, respond to opposition and/or maintain such Patent.

Patents on AMC Inventions. 8.4.1 AMC shall have the right to file patent applications covering any AMC Invention. AMC shall give Pfizer Company written notice of its intent to file such patent applications at least forty-five (45) days in advance of the intended filing date, and Pfizer Company shall have the right to review all patent applications on AMC Inventions and provide AMC with substantive comments. AMC shall also consult with Pfizer Company regarding the countries in which such patent applications should be filed, and AMC will file applications in those countries where Pfizer Company requests that AMC should file. AMC, at its option and at its expense, may file in countries where Pfizer Company does not request that AMC should file such applications. AMC shall provide to Pfizer Company a yearly update on the status of all such Patents and Patent applications. AMC will provide to Pfizer Company forty-five (45) days’ advance written notice of AMC’s intention to abandon any Patent on a AMC Invention, and Pfizer Company will have the right to continue prosecution of such Patent or patent application at PfizerCompany’s sole expenseexpense and in the event Company decides to continue with such prosecution the Parties agree to negotiate licensing such Patent to Company pursuant to the provisions of Section 9.2. 8.4.2 Pfizer Company shall reimburse AMC for all costs of filing, prosecuting, responding to opposition (including interference proceedings), and maintaining Patents on AMC Inventions in countries where Pfizer Company requests or agrees that Patents should be filed, prosecuted and maintained. In the event Pfizer Company requests that AMC employ PfizerCompany's preferred ex-US patent agents in such countries, AMC shall do so where reasonably possible, and agrees that Pfizer Company may be directly invoiced by such agents. Pfizer Company may, upon sixty (60) days written notice, request that AMC discontinue filing, prosecuting, responding to opposition, or maintaining Patents in any such country and, upon expiration of such sixty (60) day period, discontinue reimbursing AMC for the costs of filing, prosecuting, responding to opposition or maintaining such Patent in any country. Subject to the foregoing, AMC will be free to continue, at its own expense at the end of such sixty (60) day period, to file, prosecute, respond to opposition and/or maintain such Patent.

Patents on AMC Inventions. 8.4.1 Subject to consultation with AstraZeneca, including through the PAC in accordance with Section 4.1.4, AMC shall have the right to file patent applications covering any AMC Invention. AMC shall give Pfizer written notice of its intent to file such patent applications at least forty-five (45) days in advance of the intended filing date, and Pfizer AstraZeneca shall have the right to review all patent applications on AMC Inventions and provide AMC with substantive comments. Accordingly, AMC shall provide AstraZeneca with a draft of any such application at least forty-five (45) days in advance of the intended filing date (unless an earlier filing is authorized in writing by the AstraZeneca Contact for such application). AMC shall also consult with Pfizer AstraZeneca regarding the countries in which such patent applications should be filed, and AMC will file applications in those additional countries where Pfizer AstraZeneca requests that AMC should fileto do so. AMC, at its option and at its expense, may initially select the list of countries in which to file, and may file in countries where Pfizer AstraZeneca does not request that AMC should file such patent applications. AMC shall provide to Pfizer a yearly update on the status of all such Patents and Patent applications. AMC will provide to Pfizer forty-five (45) days’ advance written notice of AMC’s intention to abandon any Patent on a AMC Invention, and Pfizer will have the right to continue prosecution of such Patent or patent application at Pfizer’s sole expense. 8.4.2 Pfizer AstraZeneca shall reimburse AMC for all costs of filing, prosecuting, responding to opposition (including interference proceedings), and maintaining Patents and patent applications on AMC Inventions filed under Section 8.4.1 in additional countries where Pfizer AstraZeneca requests or agrees that Patents should patent applications be filed, prosecuted and maintained. In the event Pfizer requests AstraZeneca may request that AMC employ Pfizer's AstraZeneca’s preferred ex-US patent agents in such countriesadditional countries as AstraZeneca requests that AMC should file, and AMC shall do so where reasonably possible, possible and agrees that Pfizer AstraZeneca may be directly invoiced by such agents. Pfizer AstraZeneca may, upon sixty (60) days written notice, request that AMC discontinue filing, prosecuting, responding to opposition, or maintaining Patents in any such country and, upon expiration of such sixty (60) day period, discontinue reimbursing AMC or paying for the costs of filing, prosecuting, responding to opposition or maintaining such Patent or patent application in any country. Subject to the foregoing, AMC will be free to continue, at its own expense at the end of such sixty (60) day period, to file, prosecute, respond to opposition and/or maintain such PatentPatent or patent application. 8.4.3 AMC shall consult with AstraZeneca in connection with the continued prosecution of Patents on AMC Inventions and shall take into consideration the reasonable comments of AstraZeneca, including without limitation incorporating any such comments subject to AMC’s approval. 8.4.4 AMC shall provide to AstraZeneca a yearly update on the status of all such Patents and patent applications. AMC will provide to AstraZeneca forty-five (45) days’ advance written notice of any deadline for taking action should AMC have decided to otherwise allow the Patent to go abandoned, and AstraZeneca will have the right to continue prosecution of such Patent or patent application at AstraZeneca’s sole expense.

Patents on AMC Inventions. 8.4.1 AMC shall have the right to file patent applications covering any AMC Invention. If THE COMPANY exercises an Option under Section 9, AMC shall give Pfizer THE COMPANY written notice of its intent to file such patent applications at least forty-five (45) days in advance of the intended filing date, and Pfizer THE COMPANY shall have the right right, but not the obligation to review all patent applications on AMC Inventions and provide AMC with substantive comments. AMC shall also consult with Pfizer THE COMPANY regarding the countries in which such patent applications should be filed, and AMC will file applications in those countries where Pfizer THE COMPANY requests that AMC should file. AMC, at its option and at its expense, may file in countries where Pfizer THE COMPANY does not request that AMC should file such applications. AMC shall provide to Pfizer a yearly update on the status of all such Patents and Patent applications. AMC will provide to Pfizer forty-five (45) days’ advance written notice of AMC’s intention to abandon any Patent on a AMC Invention, and Pfizer will have the right to continue prosecution of such Patent or patent application at Pfizer’s sole expense. 8.4.2 Pfizer THE COMPANY shall reimburse AMC for all costs of filing, prosecuting, responding to opposition (including interference proceedings), and maintaining Patents on AMC Inventions in countries where Pfizer THE COMPANY requests or agrees that Patents should be filed, prosecuted and maintained. In the event Pfizer requests THE COMPANY may request that AMC employ Pfizer's THE COMPANY’S preferred ex-US patent agents in such countriescountries as THE COMPANY requests that AMC should file, and AMC shall do so where reasonably possible, reasonable possible and agrees that Pfizer THE COMPANY may be directly invoiced by such agents. Pfizer At THE COMPANY’s request AMC will direct its agents to copy THE COMPANY on patent applications which THE COMPANY designates at THE COMPANY’s expense. THE COMPANY may, upon sixty (60) days written notice, request that AMC discontinue filing, prosecuting, responding to opposition, or maintaining Patents in any such country and, upon expiration of such sixty (60) day period, discontinue reimbursing AMC or paying for the costs of filing, prosecuting, responding to opposition or maintaining such Patent in any country. Subject to the foregoing, AMC will be free to continue, at its own expense at the end of such sixty (60) day period, to file, prosecute, respond to opposition and/or maintain such Patent. 8.4.3 AMC shall consult with THE COMPANY in connection with the continued prosecution of Patents on AMC Inventions and shall take into consideration the reasonable comments of THE COMPANY, including without limitation incorporating any such comments subject to AMC’s approval. 8.4.4 AMC shall provide to THE COMPANY a yearly update on the status of all such Patents and Patent applications. AMC will provide to THE COMPANY forty-five (45) days’ advance written notice of any deadline for taking action should AMC have decided to otherwise allow the Patent to go abandoned, and THE COMPANY will have the right to continue prosecution of such Patent or patent application at THE COMPANY’s sole expense.